Radiculopathy & sciatica Board decisions

The Board has remanded the Veteran's claims for further development due to a request for information regarding the competency of a VA examiner and the Federal Circuit decision in Francway v. Wilkie, 940 F.3d 1304 (Fed. Cir. 2019).

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent from April 2, 2014. The claim for an increased rating has been denied as there is no evidence of unfavorable ankylosis or incapacitating episodes that would warrant a higher rating.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to an incomplete examination and lack of information regarding the Veteran's employment history and educational background.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for extraschedular consideration of her service-connected cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy with carpal tunnel syndrome.

The Board denied service connection for cervical spine condition, lumbar radiculopathy, and carpal tunnel syndrome as they are not causally or etiologically related to any disease, injury, or incident in service.

The Board granted a rating of 20 percent for the Veteran's lumbar disability and bilateral lower extremity radiculopathy (femoral nerve), but denied any request for higher ratings. The effective date is not specified.

The Veteran's claims for a compensable evaluation for right inguinal hernia strain, residuals of TBI, radiculopathy of the left lower extremity, and service connection for bilateral hip disability have been dismissed due to inadequate substantive appeals.,The Veteran's claim for an increased rating for thoracolumbar strain has been remanded.

The Board has remanded the claims for bilateral upper extremity radiculopathy, low back disorder, neck disorder, and hemorrhoids due to incomplete examination reports and failure to address all relevant evidence.

The Veteran's right leg numbness has been granted a disability rating of 20 percent effective from February 19, 2020. The left leg numbness remains at the 10 percent level.

The Board has remanded the case due to the need for a retrospective opinion regarding neurological effects of the service-connected lumbar spine disorder and an attempt to obtain private treatment records.

The Board denied the Veteran's claims for service connection for right lower extremity radiculopathy and an increased rating for degenerative disc disease of the lumbar spine with intervertebral disc syndrome (IVDS). The evidence did not support a finding of current disability related to the claimed conditions.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain gainful employment, leading to a TDIU.

The Veteran's left knee disability, thoracolumbar spine strain with IVDS, right and left lower extremity radiculopathy have all been denied as the evidence does not support a higher rating under applicable diagnostic codes.

The Veteran's claim for a higher rating for major depressive disorder was denied as his symptoms did not meet the criteria for a disability rating in excess of 70 percent.,The effective date for service connection for lumbar radiculopathy of the left lower extremity was denied because there was no indication that the Veteran intended to apply for benefits until December 3, 2012.

The Veteran's cervical strain is rated at 20 percent, and a higher rating is denied.,The Veteran's radiculopathy of the right upper extremity is rated at 40 percent prior to November 5, 2019, and a higher rating is denied from that date forward.,The Veteran's radiculopathy of the left upper extremity is rated at 30 percent effective November 5, 2019, and a higher rating is denied.

All increased rating and earlier effective date claims have been dismissed as the Veteran withdrew his appeals.

The Veteran's claims for increased ratings for intervertebral disc syndrome with lumbosacral strain and radiculopathy, left femoral nerve were denied. The case is remanded to issue a supplemental statement of the case.

The Board granted a 40 percent rating for the Veteran's lumbar microdiskectomy and spinal fusion from April 13, 2011. The Veteran was previously denied a higher rating prior to that date.

The Board has dismissed the issue of service connection for bilateral lower extremity radiculopathy as it was granted in an April 2020 RO rating decision. The issues of higher initial disability ratings for left and right lower extremity radiculopathy and peripheral neuropathy are remanded.